Sale of joint property of muslim family by mother in which minor is also a holder

Deepak Biyani (Querist) 06 May 2012 This query is : Resolved
dear sir,
is it possible for a muslim mothert (widow) sale the ansestral property which is in joint name of her and her minor children.without court permission.

Follow Query

Report Abuse

Anirudh (Expert) 06 May 2012
Dear Deepak,

First understand, that there is no concept of 'ancestral property' as far as a Muslim is concerned.

Therefore, you have to come out with complete facts, if you require an appropriate answer.

Adv.R.P.Chugh (Expert) 06 May 2012
Dear Deepak,

1. As Ld.Anirudh said no concept of ancestral property in Islam.

2. If the property is owned jointly as co-owners - still as Mother is not the legal/natural guardian of children in Islam (Imambandi v. Mutsaddi - J. Ameeri Ali) and cannot deal with minor children's property. After father - father's father and other male relatives are natural/legal guardians and may deal with the property in certain contingencies/emergency conditions without court's order.

3. Come out with full facts.